COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES Plaintiff In-N-Out Burger Inc., (“In-N-Out” or “Plaintiff”), by and through its undersigned counsel, files this Complaint for trademark infringement, trade dress infringement, and trademark dilution and seeks a Preliminary Injunction, Permanent Injunction, and Damages, against Grab-N-Go Burgers (“Grab-N-Go” or “Defendant”). NATURE OF THE CASE 1. This is a Civil Action under the Trademark Laws of the United States, 15 U.S.C.

§ 1051 et seq., for trademark and trade dress infringement and trademark dilution pursuant to § 43(a) and § 32 and of the Trademark Act of 1946 (the Lanham Act), as amended, 15 U.S.C. § 1125(c) and § 1114.

4843-4767-5658.5

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 2 of 12

THE PARTIES 2. Plaintiff In-N-Out Burger is a corporation duly organized and existing under the

laws of the State of California, with its corporate offices located at 4199 Campus Drive, 9th Floor, Irvine, California, 92612. 3. Upon information and belief, Defendant Grab-N-Go Burgers is a Maryland

corporation with its principal place of business at 1005 Beards Hill Road, Aberdeen, Maryland 21001. Defendant Grab-N-Go also operates a restaurant at 1111 Beards Hill Road, Ste. 200, Aberdeen, Maryland, 21001. JURISDICTION AND VENUE 4. The jurisdiction of this Court over the subject matter of this action is predicated

on 28 U.S.C. § 1338(a) as a federal question pertaining to trademarks. 5. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c) as

Defendant resides here, has committed acts of infringement here, and/or has a regular and established place of business here and is thus subject to personal jurisdiction in this judicial district. ALLEGATIONS OF FACT 6. In-N-Out has been engaged in the business of restaurant services and other

businesses since 1948, and currently has 260 restaurant locations in five states. 7. In-N-Out owns numerous federally registered trademarks and service marks

1,023,506; 1,646,401; 1,539,451; 1,528,455; 1,528,456; 1,516,560; 1,514,689; 1,522,799; 1,525,982; 1,960,015; 1,877,603; 2,026,720; 2,106,744; and 3,367,471) The foregoing registrations are valid and subsisting and are in full force and effect. Pursuant to 15 U.S.C. § 1065, all but the most recent registration, namely U.S. Reg. No. 3,367,471, have become incontestable. Information from the United States Patent and Trademark Office regarding the registrations cited in this paragraph is attached as Exhibit A hereto. 8. Since long prior to the acts of Defendants herein alleged, In-N-Out has

continuously used color schemes that are primarily white with red accent trim and red and yellow featured in the signage and trim. In-N-Out owns numerous federal registrations which incorporate its red and yellow color scheme. (U.S. Reg. 1,528,455; 1,516,560; and 1,525,982). Collectively, the marks described in paragraphs 7 and 8 shall be referred to herein as the “IN-NOUT Marks.” Information from the United States Patent and Trademark Office regarding the

registrations cited in this paragraph is attached as Exhibit B hereto. 9. Since long prior to the acts of Defendant herein alleged, In-N-Out has

continuously used trade dress consisting of a combination of features, including a red-and-white color scheme with other minor accent colors such as yellow; employee uniforms that are white with red aprons and hats; interior flooring featuring a checkerboard pattern with white and gray tile; an open interior layout so that customers can observe the food preparation—including the slicing of fresh (never frozen) potatoes to make fries; a seating area including booths with white tables and red-backed seats. In addition, the interior menu is typically displayed above the cash register on a rectangular-shaped predominantly white menu board with a red frame and red lettering. The menu board features only a few items, no size options, and a simple font and presentation. A similar predominantly white with red menu board is found outside near the

3

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 4 of 12

drive-through lanes. The outside of the building typically incorporates the red-and-white color scheme with other minor accent colors such as yellow. In addition, the food presentation is in rectangular cardboard boxes, with the hamburger partially wrapped with the unwrapped side face up and accompanied by French fries in a second, generally rectangular white boat-like structure (served with a white paper napkin covering the fries). This scheme and overall image and the like is of such an unusual design that a customer would immediately rely on it to differentiate the source of the services; in addition, the scheme and overall image and the like have been used in interstate and intrastate commerce and in connection with the advertising, promotion, offering, and provision of its products and services consistently and continuously by In-N-Out. 10. In-N-Out also has a secret menu or unpublished menu, and in connection

therewith has, for many years, offered various off-menu items or preparation styles sold under the trademarks Protein® Style burger, Animal® Style burger, 3 x 3® burger, and 4 x 4® burger. The Animal® Style burger is comprised of a burger with the standard toppings and, additionally, grilled onions, pickles, and extra sauce. Information from the United States Patent and

Trademark Office regarding the registrations for the Animal® Style burger is attached as Exhibit C hereto. 11. In-N-Out has offered its products under its unique IN-N-OUT Marks and trade

dress, and the In-N-OUT Marks and trade dress have continuously appeared at In-N-Out’s locations and in its advertising and promotional activities. In-N-Out has extensively used and promoted the IN-N-OUT Marks and trade dress such that they are closely identified with the goods and services of In-N-Out. 12. The IN-N-OUT Marks and trade dress have received widespread public The IN-N-OUT

recognition and unsolicited media coverage throughout the United States.

4

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 5 of 12

Marks have been promoted and featured in depth in many significant national publications, including the New York Times, Newsday, Daily News, the New York Post, the Washington Post, the Chicago Tribune, and USA Today, and on national radio and television programs, including the Tonight Show, the Tonight Show with Conan O’Brien, Marketplace (a radio show syndicated through American Public Media), and Fox News. 13. In addition, In-N-Out was the subject of a book titled “In-N-Out Burger: A

Behind-the-Counter Look at the Fast-Food Chain That Breaks All the Rules” by Stacy Perman, published in 2009 by HarperCollins, which was a New York Times Bestseller. In-N-Out was also praised in the 2001 book titled “Fast Food Nation: The Dark Side of the All-American Meal” by renowned investigative journalist Eric Schlosser. “Fast Food Nation,” which was published by Houghton Mifflin, was also a New York Times bestseller. 14. The recent opening of In-N-Out restaurants in Texas received unsolicited,

nationwide media coverage, which included reporting on the enthusiasm of In-N-Out’s fans: one fan cried at the opening of a store in Frisco, Texas, and others camped out overnight to be first in line when the restaurants opened for the first time. According to these media reports, each of the openings in Texas drew hundreds of customers and resulted in lines of 100 people or more. 15. In-N-Out has also received widespread public recognition on the Internet.

Websites such as HuffingtonPost.com and SeriousEats.com have posted unsolicited, nationwide coverage on In-N-Out. In-N-Out Burger has more than 2.1 million fans of its official Page on Facebook (Facebook.com is the most visited website in the United States and currently the most frequently used social networking website). 16. In-N-Out has consistently and repeatedly won national awards. In 2008, In-N-

Out won the Sandelman & Associates’ 2008 Quick-Track Awards of Excellence. In 2009, In-N-

5

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 6 of 12

Out won the Zagat’s survey award for the nation’s best fast food burger, followed by Wendy’s, Burger King and McDonald’s, and in 2010 In-N-Out came in second in the same category. The Zagat 2010 survey also recognized In-N-Out in the top five large fast food chains, which also included Panera Bread, Chipotle Mexican Grill, Inc., Five Guys Burgers and Fries, and Chickfil-A, Inc. In-N-Out was featured on www.delish.com as one of the twenty-five best burgers around the country. In-N-Out was also recognized as the No. 1 best fast-food chain by The Top 13, a website nationally known for its rankings of the best in pop culture. 17. Also in 2010, In-N-Out was tied with Five Guys Burgers and Fries as the best fast

food burger in a national Consumer Reports survey of more than 28,000 individuals. The Consumer Reports survey was reported in national news media such as CNNMoney.com. In-NOut was also recently recognized by Food & Wine Magazine as having one of the 25 best burgers in the nation, and nationally recognized celebrity chefs such as Gordon Ramsey, Thomas Keller, Anthony Bourdain, Mario Batali, and Julia Child have publicly stated their affection for In-N-Out. In-N-Out has also been featured repeatedly in Nation’s Restaurant News magazine. 18. The IN-N-OUT Marks are valid and subsisting and are evidence of In-N-Out’s

exclusive right to use said trademarks in commerce throughout the United States for restaurant products and other goods and services related thereto. 19. As a result of the care and skill exercised by In-N-Out in the conduct of its

business, the high quality of In-N-Out’s products offered under its trade dress and IN-N-OUT Marks, the unique nature of the trade dress and the extensive advertising, sale and promotion of In-N-Out’s products including the same, the trade dress and IN-N-OUT Marks are either inherently distinctive or have acquired strong secondary meaning. The trade dress and IN-NOUT Marks identify In-N-Out’s popular products as those of In-N-Out exclusively, and

6

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 7 of 12

distinguish them from the products of others. The distinctive trade dress and IN-N-OUT Marks are well known and symbolize the goodwill that In-N-Out has created by its offering of its products. 20. In-N-Out has continued to expand its restaurants to locations outside of

California. It has moved into Utah and Texas within the last few years. In-N-Out’s expansion to Texas was made possible in part by the establishment of a new beef-processing plant and distribution center, making further expansion possible. 21. In addition, In-N-Out maintains and promotes a website, www.in-n-out.com. In

conjunction with the website, In-N-Out operates a retail company store at http://shop.in-nout.com that offers for sale items such as hats, T-shirts, sportswear, mugs, water bottles, and other accessories displaying In-N-Out’s registered trademarks. advertised and promoted nationwide and is accessible nationwide. 22. Consumers from across the country visit the In-N-Out website and retail store, In-N-Out’s online store is

and In-N-Out ships merchandise from its online company store across the country, including into the State of Maryland. 23. From the period of June 2010 through July 20, 2011, In-N-Out’s web site,

www.in-n-out.com, received at least 158,228,721 hits nationwide. Of those, 637,330 hits came from the State of Maryland, and at least 40,219 visitors to the web site were residents of the State of Maryland. 24. From 2008 to the present, In-N-Out has sold nearly $30,000.00 in merchandise

from its online retail store to Maryland residents. 25. In-N-Out’s Marks are in use in and around Maryland through In-N-Out’s web site

and merchandise sales to Maryland residents, and In-N-Out has therefore entered the Maryland

7

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 8 of 12

market. DEFENDANT’S WRONGFUL ACTS 26. On information and belief, Defendant is operating a restaurant named Grab-N-Go

at 1005 Beards Hill Road, Aberdeen, Maryland, 21001. The restaurant is clearly modeled after In-N-Out’s restaurants. 27. The name of the restaurant, particularly the use of “N” as short for the word

“and,” the menu selection, the red, yellow, and white color scheme, and the interior design, including white tile walls with a red stripe, all mirror design elements of In-N-Out restaurants. The name on the interior and exterior of Defendant’s restaurant is Grab-N-Go. The words GrabN-Go are depicted in red block letters in a typeface identical to that used in In-N-Out’s trademarked logo. The name Grab-N-Go is also depicted in conjunction with a curved circular design element in the color yellow in a manner that is highly similar to In-N-Out’s use of the trademarked phrase “In-N-Out” in conjunction with a bent yellow arrow. 28. In addition, Grab-N-Go’s menu boards are similar to In-N-Out’s menu boards in

that they use the similar logo, white background, and block letters. Moreover, Grab-N-Go offers a “Wild Style Burger” that contains ingredients identical to the Animal® Style burger offered by In-N-Out. Pictures of Grab-N-Go’s restaurant and menu and examples of In-N-Out’s restaurants and menu boards are attached hereto as Exhibit D. 29. On June 29, 2011, In-N-Out contacted the Defendant and requested that it cease

and desist use of its current logo design, eliminate the white tiles and red stripe on the interior walls, and change the current design and font of the menu boards. To date, the parties have been unable to resolve the dispute and upon information and belief, Defendant continues to use the same logo and interior and exterior décor.

8

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 9 of 12

30.

The use by Defendant of such colorable imitations of the IN-N-OUT’S Marks and

trade dress is likely to cause confusion, mistake, or deception, as those encountering Defendant’s business may mistakenly assume that said business is in some way sponsored, endorsed, approved by, or connected with In-N-Out when in fact it is not. 31. IN-N-OUT’s Marks and trade dress are wholly associated with In-N-Out due to

their long use, and therefore In-N-Out is deserving of having its IN-N-OUT Marks and trade dress adequately protected with respect to the conduct of its business. COUNT I Trademark Infringement Under Federal Law 32. In-N-Out repeats and realleges each and every allegation contained in paragraphs

1 through 31 of this Complaint and incorporates them herein. 33. By the aforesaid acts, Defendant has infringed upon In-N-Out’s federal trademark

rights described by its trademark registrations, in violation of section 32 of the Lanham Act, 15 U.S.C. § 1114. 34. Defendant’s acts have been willful and in conscious disregard of the trademark

rights of In-N-Out. 35. In-N-Out has suffered, is suffering, and will continue to suffer irreparable injury

for which In-N-Out has no adequate remedy at law. 36. In-N-Out is entitled to a preliminary injunction to be made permanent upon entry

of final judgment, preventing Defendant’s further infringement. 37. proven at trial. Further, In-N-Out is entitled to damages and enhanced damages in amounts to be

9

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 10 of 12

COUNT II Trademark Dress Infringement Under Federal Law 38. In-N-Out repeats and realleges each and every allegation contained in paragraphs

1 through 37 of this Complaint and incorporates them herein. 39. By the aforesaid acts, Defendants have infringed upon In-N-Out’s federal rights in

its trade dress described above, in violation of section 32 of the Lanham Act, 15 U.S.C. § 1125(a). 40. Defendants’ acts have been willful and in conscious disregard of the trade dress

rights of In-N-Out. 41. In-N-Out has suffered, is suffering, and will continue to suffer irreparable injury

for which In-N-Out has no adequate remedy at law. 42. In-N-Out is entitled to a preliminary injunction to be made permanent upon entry

of final judgment, preventing Defendants’ further infringement. 43. proven at trial. COUNT III Trademark Dilution under Federal Law 44. In-N-Out repeats and realleges each and every allegation set forth in paragraphs 1 Further, In-N-Out is entitled to damages and enhanced damages in amounts to be

through 43 above as if fully set forth herein. 45. Due to the duration and extent of the use of the IN-N-OUT Marks, the

advertising and publicity surrounding the same, the superior quality of the products and services on which the IN-N-OUT Marks have been used, and the degree of recognition associated with the IN-N-OUT Marks, the IN-N-OUT Marks are distinctive and famous within the meaning of 15 U.S.C. § 1125(c).

10

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 11 of 12

46.

The aforementioned acts of Defendant constitute trademark dilution in violation

of 15 U.S.C. § 1125(c). 47. Defendant’s acts have been willful and in conscious disregard of the trademark

rights of In-N-Out. 48. In-N-Out has suffered, is suffering, and will continue to suffer irreparable injury

for which In-N-Out has no adequate remedy at law. 49. In-N-Out is entitled to a preliminary injunction to be made permanent upon entry

of final judgment, preventing Defendant’s further infringement. 50. proven at trial. WHEREFORE, In-N-Out prays for judgment as follows: 1. That Defendant and its officers, agents, servants, employees, attorneys, and all Further, In-N-Out is entitled to damages and enhanced damages in amounts to be

persons in active concert or participating with any of them be preliminarily and thereafter permanently enjoined from using, in connection with their business affairs, the IN-N-OUT Marks or anything which so resembles the IN-N-OUT Marks so as to be likely to cause confusion, deception, or mistake, including, but not limited to, using its current Grab-N-Go logo and restaurant décor mirroring In-N-Out’s restaurants, as previously described herein; 2. That Defendant be ordered to deliver up for destruction any and all materials in its

possession, control or custody, including but not limited to, signs, packaging, forms, advertisements, business cards, letterheads, circulars, boxes, serving material and/or other representations and means for producing the same that make reference to or use any designation or mark that is confusingly similar to the IN-N-OUT Marks;

11

Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 12 of 12

3.

An award of damages pursuant to 15 U.S.C. section 1117(a), including

Defendant’s profits, damages sustained by In-N-Out, and costs of the action; 4. An award pursuant to 15 U.S.C. section 1117(b) of three times Defendant’s

profits as enhanced damages; 5. For a finding this is an exceptional case pursuant to the Lanham Act and an award

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2010-06-21- Notice Of Suit
2008-07-01 - Notice Of Suit 2008-06-25 - Notice Of Suit

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¡N.N.OUT E.
Word Mark Goods and Services
IN-N-OUT lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400
lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400

IN-N-OUT BURGERS 13502 EAST VIRGINIA AVENUE BALDWIN PARK, CA9I7O6
United States Legal Entity Type: Corporation State or Country of Incorporation: California

GOODS AND/OR SERVICES

International Class: 029 Class Status: Active MILK AND FRENCH FzuED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis:1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1987-04-00 First Use in Commerce Date: 1987-04-00

FOR: LEMONADE AND SOFT DRINKS FOR CONSUMFTION ON OR OFF THE PREMISES' IN CLASS 32 (U.S, CL.45).

FOR: MILK AND FRENCH FRIED POTA. TOES FOR CONSUMPTION ON OR OFF THE PREMrsEs, IN CLASS 29 (U.S, CL.46). FIRST USE 14t988; IN COMMERCE

CARRY-OUT RESTAURANT SERVICES' CLASS 42 lU.S. CL. 100). -

FIRsr USE 44-1988; IN coMMERcE FOR: RESTAITRANT SERVICES AND IN
nrnsr

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IN

coMMERcE

+{F1987.

+1988.

owNER OF

U.S, REG. NOS. 1,023,506, l'2El'821

CHEESEBURGER SANDWICHES, HOT
COFFEE, AND MILKSHAKES FOR CONSUMP. TION ON OR OFF THE PREMISES' IN CLASS
30

FOR: HAMBURGER SANDWICHES AND

AND OTHERS.

COLORS RED AND YELLOW'

THE DRAWING IS LINED FOR
sER. NO. 738,306, FILED 7-5-t988.

THE

(u.s. cL.46).

FIRST UsE 40-1988; IN
H-1988.

COMMERCE

CHRIS A. F. PEDERSEN, EXAMINING ATTOR. NEY

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IN.N.OUT lC 029. US 046. G & S: MILKAND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400
lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400

IRVINE, CA926T2
United States Legal Entity Type: Corporation State or Country of Incorporation: California

GOODS AND/OR SERVICES

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: l(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DzuNKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1987-04-00 X'irst Use in Commerce I)ate: 1987-04-00

ADDITIONAL INFORMATION Lining and Stippling: THE DRAV/ING IS LINED FOR THE COLORS RED AND YELLOW.
Design Search Code(s): 24.15.25 - Other alrows

For: CHBESEBURGERS, Iü'MBURGERS, HOT COFFEE r{,ND MILKSIIAKES FOR CONSUMPTION ON OR OFF PREMISES, i¡ CLASS 30 (U.S. CL.46), First uso at lea¡t as early as 1949', ia commelce at least as early a¡ 1949.
Owner of Reg. Nos, 1,Û23,506, 1,031,095, and 1,031'096' Ser.

International Class: 030 Class Status: Active CHEESEBURGERS, HAMBURGERS, HOT COFFEE AND MILKSHAKES FOR CONSUMPTION ON OR OFF PREMISES Basis: 1(a) F'irst Use Date: 1949-00-00 First Use in Commerce Date: 1949-00-00

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2008-07-01 - Notice Of Suit 2008-06-25 - Notice Of Suit 2008-06-16 - Notice Of Suit 2008-06-02 - Notice Of Suit

For: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PRBMISES, iN cl^ass 29 (u,s. cL.46). For: LEMONADB A,ND SOFI DRINKS FOR CON' SUMPTION oN OR OFF lHB PREMISES, in CLASS 32 (U,S. CL.46). First use Bt least as earþ as 1949; in commerce at
least as early as 1949.
Ser. No. 133,176, filed July 7, 1977.

JOHN C. DEMOS, Supervisory Examlner DEBORAH L, KRAMM' Exani¡çr

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Word Mark Goods and Services
IN.N.OUT lC 029. US 046. G & S:MILKAND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 1949OOOO. FIRST USE IN COMMERCE: 1949OOOO
lC 032. US 046. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19490000. FIRST USE lN COMMERCE: 19490000

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1949-00-00 First Use in Commerce I)ate: 1949-00-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1949-00-00 First Use in Commerce Date: 1949-00-00

ADDITIONAL INFORMATION
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(NOT AVATLABLE)

PROSECUTION HISTORY

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2010-01-04 - Notice Of Suit 2008-06-16 - Notice Of Suit

ARNOLD M WEISINGER
NO REGISTRATION RIGHTS ARE CI.AIMED FOR THE WORD ''BURGER" APART FROM THE MARK SHOWN, BUT THE APPLICANT WAIVES NONE OF ITS COMMON I.AW RIGHTS IN THE MARK SHOWN OR ANY OF THE FEATURES SHOWN. TRADEMARK. SERVICE MAR

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This page was generated by the TARR system on 201 l-07-19 16:4653 ET Serial Number: 7245 1 483 Assignment Information Registration Number:
103 I 095

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Mark(words

onþ:

IN-N-OUT BURGER

Standard Character claim: No

Current Status: The registration has been renewed.
Date of Status: 2005-08-11 X'iling Date:
197

3-03-15

Transformed into a National Application: No Registration Date: Register: Principal
197

6-01-20

Law Office Assigned: (NOT AVAILABLE)

If you are the applicant or applicantfs attorney and have questions about this file, please contact
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I)isclaimer: NO REGISTRATION RIGHTS ARE CLAIMED FOR THE WORD "BURGER" APART FROM THE MARK SHOWN, BUT THE APPLICANT WAIVES NONE OF ITS COMMON LAW RIGHTS IN THE MARK SHOWN OR ANY OF THE FEATURES SHOWN.

0994801 NO REGISTRATION RIGHTS ARE CLAIMED FOR THE WORD "BURGER'' APART FROM THE MARK SHOWN, BUT THE APPLICANT WAIVES NONE OF ITSCOMMON LAW RIGHTS IN THE MARK SHOWN OR ANY OF THE FEATURES SHOWN. TRADEMARK. SERVICE MARK PRINCIPAL

ADDITIONAL INFORMATION
Disclaimer: NO REGISTRATION RIGHTS ARE CLAIMED FOR THE WORD "BURGER" APART FROM THE MARK SHOWN, BUT THE APPLICANT WAIVES NONE OF ITSCOMMON LAW RIGHTS IN THE MARK SHOWN OR ANY OF THE FEATURES SHOWN
Design Search Code(s): 07.13.03 - Advertising, signs, mounted or with posts or standards; Street signs (mounted on posts) 24.15.25 - Other arrows 26.11.21- Rectangles that are completely or partially shaded

EU RGERS
For: RESTAURANT SERVICES AND CA-RRYOUT RESTAURANT SERVICES' itr CLASS 100 (INT.
cL.42).
Fi¡st use at least as early as February 1960; me¡ce at least as early as Feb¡uary 1960.

in com-

No ¡egistration rights aro claimed fo¡ the wo¡d "Burger" apart from the mark shown, but the applicant waives none of its common law rights in the ma¡k shown
or any of the features shown.
Ser. No. 452,85Q filed Mar, 29,1973.

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This page was generated by the TARR system on 201l-07-1419:55:33 ET Serial Number: 12452850 Assisnment Registration Number
z 1023 506

Information

Trademark Document Retrieval

Mark

bürgn'
(words only): IN-N-OUT BURGER Standard Character claim: No

Current Status: The registration has been renewed
Date of Status: 2005-06-07

IN-N-OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200 lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE ''BURGER" APART FROM THE MARK AS SHOWN Description of THE MARK COMPRISES THE WORDS "IN.N.OUT BURGER'' SUPERIMPOSED OVER A Mark STYLIZED ARROW OF THE COLOR YELLOW WITHIN AN ESSENTIALLY RECTANGULAR BACKGROUND OF THE COLOR RED. Type of Mark TRADEMARK. SERVICE MARK

MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES
Basis: l(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00

International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00
032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00

International Class:

International Class:

ADDITIONAL INFORMATION
Disclaimer: "BURGER" Description of Mark: THE MARK COMPRISES THE WORDS "IN-N-OUT BURGER" SUPERIMPOSED OVER A STYLIZED ARROW OF THE COLOR YELLOV/ WITHIN AN

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IN.N.OUT I ÐURGËR
Word Mark Goods and Services
IN-N-OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200
lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 1986'1200. FIRST USE lN COMMERCE: 19861200

lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDV/ICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00

ADDITIONAL INFORMATION
Disclaimer: "BURGER"
Description of Mark: THE MARK COMPRISES THE V/ORDS "IN-N-OUT BURGER" SUPERIMPOSED OVER A STYLIZED ARROW WITHIN AN ESSENTIALLY RECTANGULAR

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IH.H.OUT E EURSER
Word Mark Goods and Services
IN-N-OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600
lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600

1o23so6;103109s;1031096;1085163;1101628;1101638;1281821;AND oTHERS
NO CLA|M lS MADE TO THE EXCLUSIVE RIGHT TO USE "BURGER" APART FROM THE MARK AS SHOWN THE MARK COMPRISES THE WORDS "IN-N-OUT BURGER" SUPERIMPOSED OVER A STYLIZED ARROW.

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis:1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis:1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00

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ilN'Ë,N'MUTr
E. ßURGEF*"
Word Mark Goods and Services
IN.N.OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES, FIRST USE: 19870600. FIRST USE IN COMMERCE: 19870600 lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 tC 042. US 100. G & S: RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BURGER'APART FROM THE MARK AS SHOWN Description of THE MARK COMPRISES THE WORDS ''IN-N-OUT BURGER'' IN THE COLOR RED Mark SUPERIMPOSED OVER A STYLIZED ARROW OF THE COLOR YELLOW OUTLINED IN RED, TRADEMARK. SERVICE MARK Type of Mark PRINCIPAL Register Affldavit Text sEcT 15. SECT 8 (6-YR). SECTTON 8(1o-YR) 20080502. Renewal 1ST RENEWAL 2OO8O5O2 Live/Dead

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 X'irst Use in Commerce I)ate: 1987-06-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce l)ate: 1987-06-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DzuNKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce I)ate: 1987-06-00

ADDITIONAL INF'ORMATION
Disclaimer: "BURGER"
Description of Mark: THE MARK COMPRISES THE WORDS "IN-N-OUT BURGER" IN THE COLOR RED SUPERIMPOSED OVER A STYLIZED ARROV/ OF THE COLOR YELLOV/

United States Patent and Trademark Office
TRADEM.ARK
PRINCIPAL REGISTER

IN-N-OUT BURGERS (CALIFORNIA CORPO.
RATION)
4199 CAMPUS

DRIVE IRVINE, CA92715 FOR: HAMBURGER AND CHEESEBURGER SANDWICHES FOR CONSUMPTION ON AND oFF THE PREMISES, IN CLASS
0-01978.

owNER OF U.S. REG. NOS. 1,023,506, 1'960,015 AND OTHERS. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BURGER'', APART FROM THE MARK AS SHOWN.
sER. NO. 7s-008,259, FILED 10-20-199s. DARREN COHEN, EXAMINING ATTORNEY

30

(u.s. cL.

46).

FIRST USE 0-0-1978; IN

COMMERCE

Case 1:11-cv-02296-RDB Document 1-1 Filed 08/17/11 Page 86 of 130

Int. Cl.:

30

Prior U.S. Cl.: 46

Reg. No. 210261720
Registered

United States Patent and Trademark Office
TRADEMARK
PRINCIPAL REGISTER

International Class: 030 Class Status: Active
hamburger and cheeseburger sandwiches for consumption on and off the premises Basis: 1(a) First Use Date: 1978-00-00 First Use in Commerce Date: 1978-00-00

Thank you for your request. Here are the latest results from the TARR web server. This page was generated by the TARR system on 2011-07-14 19:58:2287 Serial Number: 74043571 Assienment Registration Number: 164640I

Information

Trademark Document Retrieval

Mark

Standard Character claim: No

Current Status: The registration has been renewed.
Date of Status: 2010-09-20

ADDITIONAL INFORMATION
Design Search Code(s): 24.15.10 - Arrows, more than one; More than one arrow 24.15.25 - Other arows 26.11.01- Rectangles as carriers or rectangles as single or multiple line borders

Prior Registration Number(s) r64640t

:

MADRID PROTOCOL INFORMATION
(NOT AVATLABLE)

PROSECUTION HISTORY NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.
2011-06-30 - Case File In TICRS

ART-24.15Arrows
LETS-1 N A single letter, multiples of a single letter or in combination with a design NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical signs,zodiac signs,prescription marks SHAPES-CHEVRONS Designs with a general shape of a chevron or V character
7666901 3

Code

Serial Number

Filing Date Current Filing Basis Original Filing Basis Published for Opposition Registration Number Registration
Date

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3367 47

Information

Trademark Document Retrieval

I

Mark

I,H"
(words only): IN-N-OUT BURGER Standard Character claim: No

Current Status: Registered. The registration date is used to determine when post-registration
maintenance documents are due.

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Word Mark Goods and Services

IN-N-OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200
IC O3O. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19861200. FIRST USE lN COMMERCE: 19861200

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE ''BURGER'' APART FROM THE MARK AS SHOWN Description of THE MARK COMPRISES THE WORDS ''IN.N-OUT BURGER" SUPERIMPOSED OVER A Mark STYLIZED ARROW OF THE COLOR YELLOW WITHIN AN ESSENTIALLY RECTANGULAR BACKGROUND OF THE COLOR RED. Type of Mark TRADEMARK. SERVICE MARK

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: l(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-i2-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1986-12-00 First Use in Commerce Date: 1986-12-00

ADDITIONAL INFORMATION
Disclaimer: "BURGER"
Description of Mark: THE MARK COMPRISES THE V/ORDS "IN-N-OUT BURGER" SUPERIMPOSED OVER A STYLIZED ARROW OF TFIE COLOR YELLOW WITHIN AN

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MM'ffiil'MUTtr
Þ FUR6E[$"
Word Mark Goods and Services
IN-N-OUT BURGER lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600 lC 042. US 100. G & S: RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES FIRST USE: 19870600. FIRST USE lN COMMERCE: 19870600

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BURGER" APART FROM THE MARK AS SHOWN Description of THE MARK COMPRISES THE WORDS ''IN-N-OUT BURGER'' IN THE COLOR RED Mark SUPERIMPOSED OVER A STYLIZED ARROW OF THE COLOR YELLOW OUTLINED IN RED. Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Affidavit Text sEcT 15. SECT I (6-YR). SECTTON 8(10-YR)20080502. Renewal 1ST RENEWAL 2OO8O5O2 Live/Dead

Prior Registrations Disclaimer

023506; 1 031 095; 1 031 096; I 0851 63; I 101628;11

01

638; 1 281 821 ;AND OTHERS

lndicator

LIVE

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151 6560

Information

Trademark Document Retrieval

Mark

ilM'ffif,'ffiUTr
E'
H,UR6EF$"

(words only): IN-N-OUT BURGER Standard Character claim: No

Current Status: The registration has been renewed.
Date of Status: 2008-05-02

IRVINE, CA926I2
United States Legal Entify Type: Corporation State or Country of Incorporation: California

GOODS AND/OR SERVICES

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis:1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: 1(a) First Use Date: 1987-06-00 First Use in Commerce Date: 1987-06-00

ADDITIONAL INFORMATION
Disclaimer: "BURGER"
Description of Mark: THE MARK COMPRISES THE WORDS "IN-N-OUT BURGER" IN THE COLOR RED SUPERIMPOSED OVER A STYLIZED ARROV/ OF THE COLOR YELLOW

United States Patent and Trademark Office
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mfi\T'mfi"mMTÏ

B

Word Mark Goods and Services

IN-N-OUT lC 029. US 046. G & S: MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400

lC 030. US 046. G & S: HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400 lC 032. US 045. G & S: LEMONADE AND SOFT DRINKS FOR CONSUMPTION ON OR OFF THE PREMISES. FIRST USE: 19880400. FIRST USE lN COMMERCE: 19880400

International Class: 029 Class Status: Active MILK AND FRENCH FRIED POTATOES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 030 Class Status: Active HAMBURGER SANDWICHES AND CHEESEBURGER SANDV/ICHES, HOT COFFEE, AND MILKSHAKES FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 032 Class Status: Active LEMONADE AND SOFT DzuNKS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1988-04-00 First Use in Commerce Date: 1988-04-00 International Class: 042 Class Status: Active RESTAURANT SERVICES AND CARRY-OUT RESTAURANT SERVICES Basis: l(a) First Use Date: 1987-04-00 First Use in Commerce Date: 1987-04-00

ADDITIONAL INFORMATION
Lining and Stippling: THE DRAWING IS LINED FOR THE COLORS RED AND YELLOW.
Design Search Code(s): 24.15.25 - Other arrows

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Serial Number: 787 81655
Trademark Document Retrieval

Registration Number:

317 1386

Mark

AhTIh,{AL
(words only): ANIMAL Standard Character claim: Yes

Current Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
Date of Status: 2006-ll-14

Thank you for your request. Here are the latest results from the TARR web server. This page was generated by the TARR system on 2011-08-17 13:02:18 ET Serial Number: 73777545 Assignment Registration Number
z I 60I 17 2

If you are the applicant or applicantrs attorney and have questions about this file, please contact
the Trademark Assistance Center at

Current Location: 830 -Post Registration
Date In Location: 2009-07-18

LAST APPLTCANT(SyO\ryNER(S) OF RECORD
1.

IN-N-OUT BURGERS

Address: IN-N-OUT BURGERS 4199 CAMPUS DRIVE, NINTH FLOOR

IRVINE, CA926I2 United States Legal Entity Type: Corporation State or Country of Incorporation: California
GOODS AND/OR SERVICES

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:

37 7 7 5 4 5

8lt7l20rt

Latest Status Info

Case 1:11-cv-02296-RDB Document 1-3 Filed 08/17/11 Page 12 of 13

Page2 of3

International Class: 030 Class Status: Active SPECIALLY PREPARED HAMBURGER SANDWICHES AND CHEESEBURGER SANDWICHES, CONTAINING EXTRA INGREDIENTS AND CONDIMENTS FOR CONSUMPTION ON OR OFF THE PREMISES Basis: 1(a) First Use Date: 1960-00-00 First Use in Commerce Date: 1960-00-00

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Joshua A. Glikin, Esq. Bowie & Jensen, LLC 29 W. Susquehanna Ave., 6th Floor Towson, Maryland 21204

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Civil Action No. 1:11-cv-2296 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

’ I personally served the summons on the individual at (place) on (date) ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or , who is on (date) ’ I returned the summons unexecuted because ’ Other (specify): . ; or ; or ; or

’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)